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LIVing Ethics In-House Counsel 16/17

Date Friday 01 July, 2016
Runtime 1 Hour
CPD Units 1
CPD Scheme
Description

LIVing Ethics goes beyond compliance and adds value to your practice, by arming you with the knowledge and skills to confidently address practical ethical issues.

Chapter 1

Introduction

Director Seeks Personal Legal Advice: Who is the Client?
In this scenario in-house counsel is assisting her employer’s subsidiary management in compiling disclosures against warranties in a sale of the subsidiary. A director of the subsidiary asks in-house counsel for legal advice regarding the director’s personal liability for any failings in respect of the disclosure process.

Chapter 2 – A Successful Health Product: Duty to the Law
In-house counsel in this scenario is informed by management that several company employees have posted favourable comments on the company’s Facebook page and in blogs purporting to be satisfied consumers in relation to a new health product just released to market by the company. Having receiving this information, in-house counsel has to consider what action, if any, to take.

Chapter 3 – The Problem of Wearing Two Hats: A Lawyer's Dilemma
In this scenario in-house counsel (who is also the company secretary) is concerned that a proposed new social media advertising campaign by the company may well breach advertising standards. The CEO has recommended that the Board approve the campaign. The CEO directs in-house counsel not to raise her concerns at the Board meeting.

Chapter 4 - It's Commercial Not Legal: Who is the Client?
In-house counsel in this scenario is appointed to an internal task force tasked with managing a potential product liability issue. The Task Force Chair instructs in-house counsel to approve a strategy which in-house counsel believes will harm the company. In-house counsel advises the Task Force Chair of his concerns, but is directed to approve the strategy in writing as it is a commercial and not a legal decision.

Chapter 5 – Commercial Litigation: Duty to the Court and the Law
In this scenario in-house counsel is the company’s solicitor on the record in a Supreme Court action. The directors of the company exert heavy pressure on in-house counsel to undertake legal work outside her level of competence and have ignored her advice about the company’s overarching obligations under the Civil Procedure Act 2010. In-house counsel must decide what to do.

Chapter 6 – A Hard Choice: Sharp Practice
In this scenario a local government in-house solicitor works for a council trying to develop a sports precinct near a residential area. A local residents’ group is opposing the development on amenity grounds and court proceedings have been commenced. A local legal firm is acting for the residents on a pro-bono basis and the file is being handled by a trainee solicitor under the supervision of the firm’s senior partner. It has become apparent to the council’s solicitor that the trainee solicitor is making some obvious errors in the litigation to the disadvantage of the firm’s client.

Chapter 7 – Commercial Litigation: Inadvertent Disclosure
The solicitor in this scenario acted for the plaintiff in commercial litigation. The defendant copied to him a confidential email which she had sent to her own solicitors. The plaintiff’s solicitor sent the email to his client seeking instructions on its contents. The defendant’s solicitors have asked him to delete and not use the email in the litigation.

This video has been designed to meet the CPD needs of lawyers. If this activity meets your CPD needs you may claim 1 CPD unit for each hour attended as per the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 (available on the LIV website).

Presenter Various
Suitable For Lawyers working In-House
Products
(Tick to select)
(1 CPD Units) $160.01
 

LIVing Ethics Government Lawyers 16/17

Date Friday 01 July, 2016
Runtime 1 Hour
CPD Units 1
CPD Scheme
Description

LIVing Ethics goes beyond compliance and adds value to your practice, by arming you with the knowledge and skills to confidently address practical ethical issues.

Chapter 1

Introduction

Choosing Senior Counsel: Following Client Instructions
In this scenario a departmental solicitor is acting in a major contractual building dispute. The solicitor suggests the names of three experienced and competent senior counsel to appear for the client – two women and one man. The client asks for advice on which barrister to choose and the solicitor recommends one of the women as being the best choice. The client instructs the solicitor to brief the male barrister.

Chapter 2 – Assisting an Underepresented Litigant: Duty to the Tribunal
In this scenario a government agency solicitor appearing in VCAT is asked by the Tribunal Member to provide an unrepresented applicant with “all relevant case law.” This request from the Tribunal raises the issue of how far a solicitor must go in assisting the other side in a contested matter where the Model Litigant Guidelines apply.

Chapter 3 – Freedom of Information: Duty to the Court/Tribunal
This scenario places a VGSO solicitor in a difficult position. In an appeal to VCAT a jurisdictional issue has arisen and the solicitor’s departmental client has instructed him not raise this with the Tribunal, but to let the matter be decided on its substantive merits. The solicitor is concerned about his ethical position.

Chapter 4 - A Hard Choice: Sharp Practice
In this scenario a local government in-house solicitor works for a council trying to develop a sports precinct near a residential area. A local residents’ group is opposing the development on amenity grounds and court proceedings have been commenced. A local legal firm is acting for the residents on a pro-bono basis and the file is being handled by a trainee solicitor under the supervision of the firm’s senior partner. It has become apparent to the council’s solicitor that the trainee solicitor is making some obvious errors in the litigation to the disadvantage of the firm’s client.

Chapter 5 – Self-Represented Litigant: Inadvertent Disclosure
The solicitor in this scenario is acting for a government agency being sued by an self-represented litigant. As part of his discovery obligations the self-represented litigant has provided 7 large folders of material one of which contains confidential material including financial records and legal opinions. All of this material has been read by a paralegal but not by the solicitor.

Chapter 6 – A Tricky Situation: Duty to the Law and to the Client
In this scenario a departmental senior solicitor is asked to sign off on a major purchase contract for $25 million. The solicitor has heard that the procurement process was flawed. There is pressure to sign off on the contract as soon as possible and the solicitor has other serious concerns as well. The solicitor must think carefully about her duties to the law and the client.

This video has been designed to meet the CPD needs of lawyers. If this activity meets your CPD needs you may claim 1 CPD unit for each hour attended as per the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 (available on the LIV website).

Presenter Various
Suitable For Government Lawyers
Products
(Tick to select)
(1 CPD Units) $160.01
 

LIVing Ethics Private Practice 16/17

Date Friday 01 July, 2016
Runtime 1 Hour
CPD Units 1
CPD Scheme
Description

LIVing Ethics goes beyond compliance and adds value to your practice, by arming you with the knowledge and skills to confidently address practical ethical issues.

Chapter 1

Introduction

Wills & Estates: Duty to follow client instructions; client capacity
The solicitor in this scenario is asked by a client’s neighbor and friend to arrange for the client to sign a previously prepared Will in which the friend is named as the sole beneficiary. The client is in hospital. The solicitor has to consider the client’s capacity to make a Will and current testamentary wishes.

Chapter 2 – Family Law: Duty of Confidentiality
In this scenario, after meeting with a client in a family law parenting matter, the solicitor suspects that some friends of the client may be going to forcibly remove the client’s young child from the care and control of the child’s mother. The solicitor has to consider her duty of confidentiality to the client and whether or not she should take some action to protect the mother and child.

Chapter 3 – Vocat Claim: Conflict of Interest
The solicitor in this scenario takes instructions to assist two victims of crime clients in making an application to VOCAT and helps them to complete the application forms. The solicitor later realizes that he had previously acted for the perpetrator of the crime in a successful TAC damages claim. The solicitor has to consider his competing ethical duties to his former and current clients.

Chapter 4 - Criminal Law: Solicitor and own Client Conflict of Interest
In this scenario the solicitor had acted in a criminal trial in which a forensic judgment was made by the client’s barrister on specific instructions from the client not to apply to separate out different alleged offences of sexual assault. The client was convicted and sentenced on both counts and has appealed to the Court of Criminal Appeal. The solicitor has to decide whether or not his firm can act for the client in the appeal with different counsel appearing.

Chapter 5 – Wills & Estates: Sharp Practice
The solicitor in this scenario acted for a deceased estate in defending a TFM claim. The solicitor had prepared an Inventory of assets and liabilities which formed the basis of settlement discussions in a mediation. After a fixed sum settlement was reached, another asset was discovered and the solicitor sent an amended Inventory to the other side with the Deed of Settlement without drawing their attention to the change in the Inventory.

Chapter 6 – Commercial Litigation: Inadvertent Disclosure
In this scenario the solicitor acted for the plaintiff in commercial litigation. The defendant copied to the solicitor a confidential email which she had sent to her own solicitors. The plaintiff’s solicitor sent the email to his client seeking instructions on its contents. The defendant’s solicitors have asked the solicitor to delete and not use the email in the litigation.

This video has been designed to meet the CPD needs of lawyers. If this activity meets your CPD needs you may claim 1 CPD unit for each hour attended as per the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 (available on the LIV website).

Presenter Various
Suitable For Lawyers in Private Practice
Products
(Tick to select)
(1 CPD Units) $160.01
 

LIVing Ethics 2015/16

Date Friday 30 October, 2015
Runtime 70 mins
CPD Units 1
CPD Scheme
Description

LIVing Ethics goes beyond compliance and adds value to your practice, by arming you with the knowledge and skills to confidently address practical ethical issues.

Chapter 1 – Property Law: Duty to follow client instructions
In this scenario, the solicitor is faced with a difficult decision as to whether to terminate the retainer, or follow the client’s instructions – instructions which have the potential to result in a professional negligence claim against the solicitor.

Chapter 2 – Criminal Law: Duty of confidentiality
In this scenario, the lawyer is under pressure to assist police with their enquiries at the risk of breaching client confidentiality.

Chapter 3 – Commercial: Duty to the court
In this scenario, the lawyer is faced with the difficult situation of trying to correct a misleading statement made to the Court by a client. The client had been unaware at the time that they had deposed to inaccurate information.

Chapter 4 - Commercial: Avoiding conflicts of interest between joint clients
The lawyer in this scenario is juggling the duties owed to each client in a situation where one client conveys some confidential information to him of which the other client is unaware.

Chapter 5 – Medical Negligence: Avoiding conflicts of interest between joint clients
The lawyer in this scenario is struggling with the duties owed to each client where the relationship between the clients has become hostile and advice has been received that the clients cannot be separately represented.

Chapter 6 – Leases: Taking advantage of an opponent’s error
This scenario challenges our thinking about whether or not certain conduct might amount to ‘sharp practice’ and whether or not client instructions must be obtained before notifying an opponent of their error.

By viewing this video you will be able to:

  • Identify the rules relating to termination of client engagements, confidentiality, making misleading statements to a court, conflicts of interest and sharp practice.
  • Have a deeper understanding of the considerations needed to determine former client and concurrent client conflict of interest.
  • Become familiar with the kinds of typical situations which may trigger the new rule against ‘sharp practice’.
  • Have a deeper understanding of your fundamental ethical obligations to the court and the administration of justice

This video has been designed to meet the CPD needs of lawyers. If this activity meets your CPD needs you may claim 1 CPD unit for each hour attended as per the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 (available on the LIV website).

Presenter

Facilitator - Michael Dolan, Ethics lawyer, Law Institute of Victoria

Products
(Tick to select)
(1 CPD Units) $160.00
 

Uniform Law Part 2: Keeping your practice compliant

Date Friday 26 June, 2015
Runtime 3.5
CPD Units 3.5
CPD Scheme
Description Panel Discussion on the Legal Profession Uniform Law
Our special guests answer questions about the Legal Profession Uniform Law and its likely impact on practitioners and law practices.

  • Panellists discuss a number of changes brought about by the Legal Profession Uniform Law including:
  • Business structures
  • Obligations of principals
  • Professional indemnity insurance requirements
  • The complaints and disputes resolution process and the role of the Legal Services Commissioner
  • Costs disclosures, costs agreements, obligations  of your law practice and  your obligations as a practitioner

Panellists:
Dale Boucher, Commissioner for Uniform Legal Services Regulation
Michael McGarvie, Victorian Legal Services Commissioner
Paddy Oliver, Lexcel Consulting
Penny Robertson, Senior Costing Consultant and Manager, LIV Cost Lawyers
Nitsa Karahalios, Director, Regulatory Reform and Liaison, LSB+C




Chapter 1: Practice structures under the Uniform Law– What do the changes mean for my practice?
Outlines valid practice structures under the Uniform Law and discusses key issues affecting law practices.

Topics include:

  • Practice structures
  • Incorporated legal practices
  • Unincorporated legal practices
  • Compliance audits
  • Management system directions
  • Obligations of principals

Speaker:
Paddy Oliver, Managing Director, Lexcel Consulting


Chapter 2: Trust money and trust accounts for law practices
An overview of key provisions under the Uniform Law regarding trust money and trust accounts.

Topics include:

  • Trust money and trust accounts
  • Non-trust money
  • External examinations
  • External investigation
  • Registers

Speaker: Jolyon Dunn, Compliance Manager, LIV Investigations Department


Chapter 3: Costing for law practices
The focus of this chapter is on changes to costs brought about by the Uniform Law and how these are likely to affect law practices.

Topics include:

  • An overview of the costs provisions
  • Strategies for law practices to ensure compliance with the new provisions

Speaker: Cate Dealehr, Principal, The Australian Legal Costing Group
 

Presenter Various
Products
(Tick to select)
(3.5 CPD Units) $256.66
 

Uniform Law Part 1: What do lawyers need to know?

Date Friday 26 June, 2015
Runtime 3.5
CPD Units 3.5
CPD Scheme
Description

Chapter 1: What does the new law mean for me?
Outlines the key issues brought about by the Uniform Law and how they will affect legal practitioners.

Topics include:

  • Practising certificates
  • An overview of the Uniform Rules
  • The complaints and dispute resolution processes
  • Professional discipline

Speaker: Brendan Atkinson, Senior Regulatory Reform Officer, LSB+C

 

Chapter 2: The Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015
Provides an overview of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 and highlights key points practitioners need to be aware of.

Speakers: Donna Cooper & Michael Dolan, LIV Ethics Department
 

Chapter 3: Changes in costs for legal practitioners
Focuses on changes to costs brought about by the Uniform Law and how these are likely to affect practitioners in their day-to-day practice.

Topics include:

  • The requirement for costs to be fair and reasonable
  • The new costs disclosure requirements, the new uniform standard disclosure form and consequences for breaching your disclosure obligations
  • Costs agreements
  • Billing
  • Unpaid legal costs
  • Costs assessments
  • Costs disputes

Speaker: Penny Robertson, Senior Costing Consultant and Manager, LIV Cost Lawyers
 

Panel Discussion on the Legal Profession Uniform Law
Our special guests answer questions about the Legal Profession Uniform Law and its likely impact on practitioners and law practices.

Panellists discuss a number of changes brought about by the Legal Profession Uniform Law including:

  • Business structures
  • Obligations of principals
  • Professional indemnity insurance requirements
  • The complaints and disputes resolution process and the role of the Legal Services Commissioner
  • Costs disclosures, costs agreements, obligations  of your law practice and  your obligations as a practitioner

Panellists:
Dale Boucher, Commissioner for Uniform Legal Services Regulation
Michael McGarvie, Victorian Legal Services Commissioner
Paddy Oliver, Lexcel Consulting
Penny Robertson, Senior Costing Consultant and Manager, LIV Cost Lawyers
Nitsa Karahalios, Director, Regulatory Reform and Liaison, LSB+C

Presenter Various
Products
(Tick to select)
(3.5 CPD Units) $256.66
 

Uniform Law Parts 1 & 2

Date Friday 26 June, 2015
Runtime 6 hours (access to Session 1 & 2)
CPD Units 6
CPD Scheme
Description

Session 1

 
Chapter 1: What does the new law mean for me?
Outlines the key issues brought about by the Uniform Law and how they will affect legal practitioners.

Topics include:

  • Practising certificates
  • An overview of the Uniform Rules
  • The complaints and dispute resolution processes
  • Professional discipline

Speaker: Brendan Atkinson, Senior Regulatory Reform Officer, LSB+C

 
Chapter 2: The Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015
Provides an overview of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 and highlights key points practitioners need to be aware of.

Speakers: Donna Cooper & Michael Dolan, LIV Ethics Department
 

Chapter 3: Changes in costs for legal practitioners
Focuses on changes to costs brought about by the Uniform Law and how these are likely to affect practitioners in their day-to-day practice.

Topics include:

  • The requirement for costs to be fair and reasonable
  • The new costs disclosure requirements, the new uniform standard disclosure form and consequences for breaching your disclosure obligations
  • Costs agreements
  • Billing
  • Unpaid legal costs
  • Costs assessments
  • Costs disputes

Speaker: Penny Robertson, Senior Costing Consultant and Manager, LIV Cost Lawyers
 

Panel Discussion on the Legal Profession Uniform Law
Our special guests answer questions about the Legal Profession Uniform Law and its likely impact on practitioners and law practices.

Panellists discuss a number of changes brought about by the Legal Profession Uniform Law including:

  • Business structures
  • Obligations of principals
  • Professional indemnity insurance requirements
  • The complaints and disputes resolution process and the role of the Legal Services Commissioner
  • Costs disclosures, costs agreements, obligations  of your law practice and  your obligations as a practitioner

Panellists:
Dale Boucher, Commissioner for Uniform Legal Services Regulation
Michael McGarvie, Victorian Legal Services Commissioner
Paddy Oliver, Lexcel Consulting
Penny Robertson, Senior Costing Consultant and Manager, LIV Cost Lawyers
Nitsa Karahalios, Director, Regulatory Reform and Liaison, LSB+C


 
Session 2

 
Chapter 1: Practice structures under the Uniform Law– What do the changes mean for my practice?
Outlines valid practice structures under the Uniform Law and discusses key issues affecting law practices.

Topics include:

  • Practice structures
  • Incorporated legal practices
  • Unincorporated legal practices
  • Compliance audits
  • Management system directions
  • Obligations of principals

Speaker:
Paddy Oliver, Managing Director, Lexcel Consulting


Chapter 2: Trust money and trust accounts for law practices
An overview of key provisions under the Uniform Law regarding trust money and trust accounts.

Topics include:

  • Trust money and trust accounts
  • Non-trust money
  • External examinations
  • External investigation
  • Registers

Speaker: Jolyon Dunn, Compliance Manager, LIV Investigations Department


Chapter 3: Costing for law practices
The focus of this chapter is on changes to costs brought about by the Uniform Law and how these are likely to affect law practices.

Topics include:

  • An overview of the costs provisions
  • Strategies for law practices to ensure compliance with the new provisions

Speaker: Cate Dealehr, Principal, The Australian Legal Costing Group
 

Presenter Various
Products
(Tick to select)
(6 CPD Units) $440.00
 

YL 2013: The New Landholder Duty Regime

Date Tuesday 17 September, 2013
Runtime 1HR
CPD Units 1
CPD Scheme
Description This session will focus on the new Victorian landholder duty regime which came into effect on 1 July 2012. The regime replaces the previous land rich duty regime and has been designed to capture a broad range of transactions that involve acquisitions of both legal and economic interests in land holding entities.
Presenter Dr. Philip Bender, Barrister, Victorian Bar
Products
(Tick to select)
(1 CPD Units) $155.00
 

Hot Law - The High Court Decision in Andrews V ANZ

Date Thursday 25 July, 2013
Runtime 1hr
CPD Units 1
CPD Scheme
Description The recent High Court case on bank fees Andrews v Australia and New Zealand Banking Group Limited [2012] HCA 30 has implications across the board for contracts, not limited to banking or even consumer contracts.
Presenter Peter Cash, Partner, Norton Rose
Products
(Tick to select)
(1 CPD Units) $155.00
 

What To Do When the Regulator Comes Knocking: ACCC & ASIC

Date Thursday 18 July, 2013
Runtime 1HR
CPD Units 1
CPD Scheme
Description The session will review the powers available to inspectors of State and Federal agencies providing registrants with insights on how to deal with them.
Presenter Adrian Muller, Barrister, Greens List, Victorian Bar and Simon Rubenstein, Barrister, Greens List, Victorian Bar
Products
(Tick to select)
(1 CPD Units) $155.00
 

Hot Law - Property Law: Off the Plan Sales

Date Thursday 27 June, 2013
Runtime 1hr
CPD Units 1
CPD Scheme
Description Course objective An examination of section 9AA of the Sale of Land Act (Victoria) in light of recent decisions. Outcomes This session will consider the courts interpretation of section 9AA to ensure practitoners are better informed of recent interpretations and developments. When does a purchaser have the right to rescind a contract? This is one of many questions this session will aim to address.
Presenter Peter Little, Barrister, Victorian Bar
Products
(Tick to select)
(1 CPD Units) $145.00
 

YL 2013: Practical Aspects of Ethics

Date Tuesday 25 June, 2013
Runtime 1hr 25min
CPD Units 1
CPD Scheme
Description The case scenarios and principles discussed during the session will have broad application across a multitude of practice areas. Delegates will be actively encouraged workshop real world ethical dilemmas with the presenter.
Presenter Michael Dolan, Acting Manager Ethics Department, Law Institute of Victoria
Products
(Tick to select)
(1 CPD Units) $155.00
 
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Please note

  • By way of guide, 1 hour of audio or video content is equal to 1 CPD unit.  You may claim up to 5 units per CPD year for audio and video content. 
  • PDF paper downloads do not earn CPD units unless they are accompanied by audio or video material.
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